Chapter

The Politics of Judicial Autonomy

Sonny Shiu-Hing Lo

in The Dynamics of Beijing-Hong Kong Relations

Published by Hong Kong University Press

Published in print April 2008 | ISBN: 9789622099081
Published online September 2011 | e-ISBN: 9789882207547 | DOI: http://dx.doi.org/10.5790/hongkong/9789622099081.003.0004
The Politics of Judicial Autonomy

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In January 1999, the Court of Final Appeal (CFA) made a controversial decision on the debate of the right to abode of the mainland Chinese in the HKSAR. As a result, the HKSAR government asked the National People's Congress (NPC) to interpret the provisions of Hong Kong's Basic Law. This debate on the right to abode became highly politicized, polarized, and distorted. This chapter focuses on the debate over the right to abode in 1999 as a case study that can shed light on the problems and issues of judicial autonomy in HKSAR. This chapter argues that to maintain the judicial autonomy of HKSAR, several political actors should establish constitutional conventions or a habit of self-restraint.

Keywords: Court of Final Appeal; right to abode; National People's Congress; Basic Law; judicial autonomy

Chapter.  11407 words. 

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